Judge orders release of suspect in mall slaying

A judge has ordered the suspect accused of killing an East Palo Alto community leader at a mall to be released from custody.

San Mateo County District Attorney Steve Wagstaffe said Wednesday that Gregory Elarms was ordered release on his own recognizance while prosecutors appeal another judge's previous decision to dismiss murder charges against Elarms.

Tuesday's order comes roughly three months after Judge Stephen Hall ruled that San Mateo police investigators violated Gregory Elarms' Fifth Amendment rights by continuing to question him and ignoring his repeated requests for an attorney concerning the death of David Lewis.

Prosecutors say Elarms shot his childhood friend outside Hillsdale Shopping Center in June 2010. Authorities say Elarms believed gang members were after him and that Lewis had turned against him.

Last month, Elarms pleaded no contest to counts of felony possession of weapons while in jail.

Lewis co-founded a group that helps people recover from substance abuse and incarceration.